Published: Thursday, September 19, 2013 at 3:15 p.m.

Last Modified: Thursday, September 19, 2013 at 3:15 p.m.

State elections regulators have dinged County Commissioner David Moore for a violation of campaign finance laws, recently released public records indicate.

The Florida Elections Commission voted last month to fine Moore $250 for not properly reporting a campaign loan.

State law requires victorious candidates to report within 10 days of winning an election any loans exceeding $500 that they received within 12 months of Election Day.

In Moore's case, that applied to a $3,500 loan he pumped into his election coffers on June 1, 2012. Moore obtained that money by tapping into $5,000 he borrowed from a South Dakota-based financial institution.

Moore initially faced four possible violations that might have landed him a more severe penalty, including a potential misdemeanor criminal charge, FEC records indicate.

But Moore's willingness to negotiate helped convince the FEC to not pursue those potential violations, according to the agency's lawyers.

Both Eric Lipman, the FEC's general counsel, and Jaakan Williams, the assistant general counsel who handled Moore's case, declined to comment on specifics of those talks.

And while FEC investigators often prepare recommendations and investigative reports in such cases, neither was done in this instance because of the settlement.

Williams noted that all complaints are "thoroughly reviewed" but that people accused of election law violations are always given a chance to settle "without having to drag the matter out."

He also suggested that Moore was saddled with the strongest allegation the FEC could make against him.

Records indicate Moore has already paid the fine — in fact, payment was sought by the FEC and submitted even before the commission voted on it.

On Thursday, Moore characterized the violation as an oversight.

"It's hard to file something when you don't know it exists," he said, reiterating a defense his lawyer had made to the FEC. "I just wish I had known I had to. I would have fixed it. I would have filed."

Moore said he corrected the matter as soon as he was aware of it.

The commissioner added that he did not know the specifics of why the other charges raised by the FEC were not pursued, but he described them as "not right" and "unfounded."

Emmett "Bucky" Mitchell, the Tallahassee lawyer who represented Moore in the case, could not be reached for comment.

Ocala resident Carl Crabtree, who filed the complaint, said he was disappointed in the outcome.

Crabtree believed he had provided enough evidence to the FEC to prove all four allegations against Moore.

"$250 is a joke. The FEC is a joke," Crabtree said. "It was created by the politicians to protect the politicians. It's absolutely absurd."

"He has the right to shut it down without an investigation — it's just ludicrous."

The case against Moore was launched last December, just three weeks after he was sworn into office.

Moore, a Republican making his first bid for elected office, upset incumbent Commissioner Mike Amsden in the August 2012 GOP primary. Moore won by 778 votes out of nearly 34,000 ballots cast.

Moore then faced token opposition from a write-in candidate last November to win the board's District 1 seat, which represents much of the city of Ocala and parts of eastern Marion County. Though they represent districts, commissioners are elected countywide.

Crabtree filed the complaint after becoming suspicious of Moore's personal contributions to his campaign, records indicate.

That included how Moore paid the $4,533 candidate qualifying fee.

Last year, 31 people — excluding write-ins — ran for county-level elected office in Marion County. Moore was the only County Commission candidate, and one of just seven candidates overall, who paid the qualifying fee instead of gathering more than 2,100 voter petitions, according to Supervisor of Elections Wesley Wilcox.

Crabtree combed Moore's records and expressed doubt to FEC officials that Moore had the means to pay the fee.

Crabtree's argument largely hinged on the financial disclosure form Moore filed as a candidate on May 31, 2012.

Moore, who worked as a loan officer for a company called Springleaf Financial, reported $120,764 in debts, $102,664 of which was owed to Sallie Mae, the nation's leading lender for education loans.

The rest of Moore's debts were spread across several financial institutions.

Moore, on his financial disclosure form, claimed just $30,084 in assets, including a savings account valued at $1,500 and a library of books valued at $20,000.

Overall, Moore was $90,680 in the red at the time he borrowed money for his campaign, records show.

"In spite of what appears to be a very difficult personal financial situation, Mr. Moore chose to spend money on a filing fee — money that it appears he did not have," Crabtree wrote to the FEC.

Crabtree further pointed out that Moore's campaign raised $13,595 after defeating Amsden. That was 37 percent of what he took in over the course of the entire campaign.

That money was key, Crabtree argued, because Moore's post-primary expenses went largely to himself and his key advisers: Randy Osborne, a consultant who is now the chairman of the county Republican Executive Committee, and Heather Osborne, Moore's campaign manager.

Moore's campaign finance records through Nov. 1, 2012, show that after the primary he repaid himself $3,600 for what is described as "partial repayment of loans." Moore loaned his campaign a total of $7,300.

Moore also paid the Osbornes a combined $7,102 for their services.

Crabtree's complaint also questioned whether Randy Osborne's company, Plas-Tech Industries, which was reimbursed $4,700 by Moore after the primary election, was also footing the bills for his campaign, and should have been reported as a loan.

Crabtree maintained that it was impossible to tell who might have bankrolled Moore's campaign because he had not filed the required forms detailing the source of any loans.

On Dec. 7, two days after the agency received Crabtree's complaint, the FEC issued Moore a letter containing the allegations.

Twenty days later, after Moore failed to retrieve the agency's certified letter from the post office, the FEC emailed him Crabtree's complaint.

On Jan. 4, records show, Moore notified election regulators that after reviewing his campaign finance reports he had "discovered an oversight" — which was not filing the required form detailing the loan to his campaign.

Moore faxed the FEC a form showing he had received $5,000 on June 1, 2012, from Western Sky Financial, an online lender operated by members of the Cheyenne River Sioux tribe in South Dakota.

That was the same day he deposited $3,500 into his campaign account.

On Jan.7, after Moore submitted the necessary form, the FEC asked if he would have any other response to Crabtree's allegations.

"All of the malicious attacks against me are unfounded and really not worthy of a response," he answered.

The FEC, however, differed with him.

Lipman, the agency's general counsel who at the time was its interim director, sent Moore a letter on Feb. 12 saying that the agency had found several potential violations that were "legally sufficient" to warrant further investigation.

Besides Moore's failure to file the appropriate form for the Western Sky loan, Lipman said investigators would look into: why Moore said his campaign finance reports were "true, correct and complete" when they weren't; whether he had reported all of his contributions; and whether he had "falsely reported or deliberately failed" to include information about his campaign finances.

Yet the FEC gave Moore a way out.

"At any time before a probable cause finding," Lipman wrote, "you may notify us in writing that you want to enter into negotiations directed toward reaching a settlement via consent agreement."

Moore seized that opportunity.

He hired Bucky Mitchell, a Tallahassee lawyer who specializes in election laws, and Mitchell urged the FEC to dismiss the case.

Besides denying Crabtree's accusations, Mitchell wrote in a March 13 letter that Moore "inadvertently" failed to document the Western Sky loan because "he was unaware of this obscure reporting requirement."

That, however, seems arguable. FEC records show county elections officials provided Moore candidate handbooks published by both the state and Marion County.

The state version, which is the official guide for all local candidates, clearly indicates that winning candidates must, within 10 days of winning, report any personal loans they receive during the year leading up to Election Day.

Mitchell also maintained that the FEC can investigate only the specific violations alleged in a sworn complaint. Crabtree's filing, according to Mitchell, had only challenged Moore's failure to report the Western Sky loan. That put other allegations by Lipman outside the scope of the investigation, Mitchell argued.

By April 11, records indicate, it appeared the FEC and Moore's lawyer had reached a deal. That day, the FEC sent Mitchell a proposed consent order to resolve the case.

The FEC formally approved the deal on Aug. 13. Records show Moore paid the fine on July 19.

<p>State elections regulators have dinged County Commissioner David Moore for a violation of campaign finance laws, recently released public records indicate.</p><p>The Florida Elections Commission voted last month to fine Moore $250 for not properly reporting a campaign loan.</p><p>State law requires victorious candidates to report within 10 days of winning an election any loans exceeding $500 that they received within 12 months of Election Day.</p><p>In Moore's case, that applied to a $3,500 loan he pumped into his election coffers on June 1, 2012. Moore obtained that money by tapping into $5,000 he borrowed from a South Dakota-based financial institution.</p><p>Moore initially faced four possible violations that might have landed him a more severe penalty, including a potential misdemeanor criminal charge, FEC records indicate.</p><p>But Moore's willingness to negotiate helped convince the FEC to not pursue those potential violations, according to the agency's lawyers.</p><p>Both Eric Lipman, the FEC's general counsel, and Jaakan Williams, the assistant general counsel who handled Moore's case, declined to comment on specifics of those talks.</p><p>"No one ever asks why you go from a first-degree murder charge to second-degree manslaughter," Lipman said.</p><p>And while FEC investigators often prepare recommendations and investigative reports in such cases, neither was done in this instance because of the settlement.</p><p>Williams noted that all complaints are "thoroughly reviewed" but that people accused of election law violations are always given a chance to settle "without having to drag the matter out."</p><p>He also suggested that Moore was saddled with the strongest allegation the FEC could make against him.</p><p>Records indicate Moore has already paid the fine — in fact, payment was sought by the FEC and submitted even before the commission voted on it.</p><p>On Thursday, Moore characterized the violation as an oversight.</p><p>"It's hard to file something when you don't know it exists," he said, reiterating a defense his lawyer had made to the FEC. "I just wish I had known I had to. I would have fixed it. I would have filed."</p><p>Moore said he corrected the matter as soon as he was aware of it.</p><p>The commissioner added that he did not know the specifics of why the other charges raised by the FEC were not pursued, but he described them as "not right" and "unfounded."</p><p>Emmett "Bucky" Mitchell, the Tallahassee lawyer who represented Moore in the case, could not be reached for comment.</p><p>Ocala resident Carl Crabtree, who filed the complaint, said he was disappointed in the outcome.</p><p>Crabtree believed he had provided enough evidence to the FEC to prove all four allegations against Moore.</p><p>"$250 is a joke. The FEC is a joke," Crabtree said. "It was created by the politicians to protect the politicians. It's absolutely absurd."</p><p>"He has the right to shut it down without an investigation — it's just ludicrous."</p><p>The case against Moore was launched last December, just three weeks after he was sworn into office.</p><p>Moore, a Republican making his first bid for elected office, upset incumbent Commissioner Mike Amsden in the August 2012 GOP primary. Moore won by 778 votes out of nearly 34,000 ballots cast.</p><p>Moore then faced token opposition from a write-in candidate last November to win the board's District 1 seat, which represents much of the city of Ocala and parts of eastern Marion County. Though they represent districts, commissioners are elected countywide.</p><p>Crabtree filed the complaint after becoming suspicious of Moore's personal contributions to his campaign, records indicate.</p><p>That included how Moore paid the $4,533 candidate qualifying fee.</p><p>Last year, 31 people — excluding write-ins — ran for county-level elected office in Marion County. Moore was the only County Commission candidate, and one of just seven candidates overall, who paid the qualifying fee instead of gathering more than 2,100 voter petitions, according to Supervisor of Elections Wesley Wilcox.</p><p>Crabtree combed Moore's records and expressed doubt to FEC officials that Moore had the means to pay the fee.</p><p>Crabtree's argument largely hinged on the financial disclosure form Moore filed as a candidate on May 31, 2012.</p><p>Moore, who worked as a loan officer for a company called Springleaf Financial, reported $120,764 in debts, $102,664 of which was owed to Sallie Mae, the nation's leading lender for education loans.</p><p>The rest of Moore's debts were spread across several financial institutions.</p><p>Moore, on his financial disclosure form, claimed just $30,084 in assets, including a savings account valued at $1,500 and a library of books valued at $20,000.</p><p>Overall, Moore was $90,680 in the red at the time he borrowed money for his campaign, records show.</p><p>"In spite of what appears to be a very difficult personal financial situation, Mr. Moore chose to spend money on a filing fee — money that it appears he did not have," Crabtree wrote to the FEC.</p><p>Crabtree further pointed out that Moore's campaign raised $13,595 after defeating Amsden. That was 37 percent of what he took in over the course of the entire campaign.</p><p>That money was key, Crabtree argued, because Moore's post-primary expenses went largely to himself and his key advisers: Randy Osborne, a consultant who is now the chairman of the county Republican Executive Committee, and Heather Osborne, Moore's campaign manager.</p><p>Moore's campaign finance records through Nov. 1, 2012, show that after the primary he repaid himself $3,600 for what is described as "partial repayment of loans." Moore loaned his campaign a total of $7,300.</p><p>Moore also paid the Osbornes a combined $7,102 for their services.</p><p>Crabtree's complaint also questioned whether Randy Osborne's company, Plas-Tech Industries, which was reimbursed $4,700 by Moore after the primary election, was also footing the bills for his campaign, and should have been reported as a loan.</p><p>Crabtree maintained that it was impossible to tell who might have bankrolled Moore's campaign because he had not filed the required forms detailing the source of any loans.</p><p>On Dec. 7, two days after the agency received Crabtree's complaint, the FEC issued Moore a letter containing the allegations.</p><p>Twenty days later, after Moore failed to retrieve the agency's certified letter from the post office, the FEC emailed him Crabtree's complaint.</p><p>On Jan. 4, records show, Moore notified election regulators that after reviewing his campaign finance reports he had "discovered an oversight" — which was not filing the required form detailing the loan to his campaign.</p><p>Moore faxed the FEC a form showing he had received $5,000 on June 1, 2012, from Western Sky Financial, an online lender operated by members of the Cheyenne River Sioux tribe in South Dakota.</p><p>That was the same day he deposited $3,500 into his campaign account.</p><p>On Jan.7, after Moore submitted the necessary form, the FEC asked if he would have any other response to Crabtree's allegations.</p><p>"All of the malicious attacks against me are unfounded and really not worthy of a response," he answered.</p><p>The FEC, however, differed with him.</p><p>Lipman, the agency's general counsel who at the time was its interim director, sent Moore a letter on Feb. 12 saying that the agency had found several potential violations that were "legally sufficient" to warrant further investigation.</p><p>Besides Moore's failure to file the appropriate form for the Western Sky loan, Lipman said investigators would look into: why Moore said his campaign finance reports were "true, correct and complete" when they weren't; whether he had reported all of his contributions; and whether he had "falsely reported or deliberately failed" to include information about his campaign finances.</p><p>Yet the FEC gave Moore a way out.</p><p>"At any time before a probable cause finding," Lipman wrote, "you may notify us in writing that you want to enter into negotiations directed toward reaching a settlement via consent agreement."</p><p>Moore seized that opportunity.</p><p>He hired Bucky Mitchell, a Tallahassee lawyer who specializes in election laws, and Mitchell urged the FEC to dismiss the case.</p><p>Besides denying Crabtree's accusations, Mitchell wrote in a March 13 letter that Moore "inadvertently" failed to document the Western Sky loan because "he was unaware of this obscure reporting requirement."</p><p>That, however, seems arguable. FEC records show county elections officials provided Moore candidate handbooks published by both the state and Marion County.</p><p>The state version, which is the official guide for all local candidates, clearly indicates that winning candidates must, within 10 days of winning, report any personal loans they receive during the year leading up to Election Day.</p><p>Mitchell also maintained that the FEC can investigate only the specific violations alleged in a sworn complaint. Crabtree's filing, according to Mitchell, had only challenged Moore's failure to report the Western Sky loan. That put other allegations by Lipman outside the scope of the investigation, Mitchell argued.</p><p>By April 11, records indicate, it appeared the FEC and Moore's lawyer had reached a deal. That day, the FEC sent Mitchell a proposed consent order to resolve the case.</p><p>The FEC formally approved the deal on Aug. 13. Records show Moore paid the fine on July 19.</p><p><i>Contact Bill Thompson at 867-4117 or bill.thompson@ocala.com.</i></p>